Arbitration Options for Hawaii Renters and Landlords

Disputes between renters and landlords in Hawaii can be stressful, especially if they involve rent increases, repairs, or possible eviction. Fortunately, Hawaii provides structured ways to resolve these disagreements outside of court, often through arbitration or mediation. This guide explains your options as a renter in Hawaii, regulations, and how to get started.

Understanding Tenant-Landlord Dispute Resolution in Hawaii

Hawaii recognizes that landlords and tenants may disagree on rent increases, lease violations, repairs, or property maintenance. To address these conflicts, the state supports programs that use arbitration and mediation to help both sides reach an agreement without lengthy court procedures.

What Is Arbitration?

Arbitration is a process where an independent third party (the arbitrator) helps landlords and tenants resolve their dispute and can issue a binding decision. Hawaii often encourages mediation first, but arbitration can be an option if no agreement is reached.

Official Authority and Supporting Agencies

• Hawaii Office of Consumer Protection, Landlord-Tenant Information manages most residential tenancy issues statewide.
• Small claims involving security deposits or disputes of up to $5,000 can be handled by the Hawaii District Courts.
• Mediation services are coordinated through the Mediation Centers of Hawaii, a statewide network of non-profit community mediation centers.

For all rental situations, disputes are governed by the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521).^[1]

How Mediation and Arbitration Work for Renters

Mediation is typically the first step in resolving a dispute in Hawaii. If mediation doesn’t work, some issues can be referred to arbitration.

• Mediation is voluntary and confidential. A neutral mediator works with both parties to explore solutions.
• Arbitration becomes possible if mediation fails, or when allowed by the terms of the lease. The decision is usually binding.

Common issues addressed via these programs include unpaid rent, repair disputes, return of the security deposit, and disagreements about lease terms.

Essential Forms and How to Use Them

• Landlord-Tenant Complaint (Hawaii District Court)
  When to use: If mediation or private negotiation has failed, you may file this official complaint form with your local District Court. For example, if your landlord refuses to return your security deposit after you’ve moved out, you would complete this form and file it along with any supporting documents.
  Landlord-Tenant Complaint Form (1DC02)
• Request for Mediation (Mediation Centers of Hawaii)
  When to use: Before pursuing legal action, submit a mediation request. For instance, you can use this if you and your landlord disagree about repairs, and you want help finding a solution before things escalate.
  Request Mediation Online

How to Start the Dispute Resolution Process

Before filing a court complaint, consider mediation and follow these steps for a smoother process:

• Gather evidence (emails, lease, repair requests, photos)
• Contact your nearest community mediation center or use the online request form
• If mediation does not lead to agreement, prepare and file the Landlord-Tenant Complaint with your local District Court
• Attend your hearing or arbitration session, bringing all documents

FAQ: Hawaii Tenant-Landlord Dispute Resolution

1. What types of rental issues can be mediated in Hawaii?
   Most disagreements, like repairs, rent increases, and return of deposits, can start with mediation. Matters involving criminal activity or serious lease violations may go directly to court.
2. Is arbitration available for all disputes?
   No, arbitration depends on what your lease says and sometimes requires both parties to agree. If your lease mentions binding arbitration, it may be possible after mediation is tried first.
3. Are there costs for mediation or arbitration?
   Mediation through community centers is often free or low-cost for renters. Arbitration might have a fee, especially if handled privately. Court filing fees may apply in District Court cases.
4. What official forms do I need to file a complaint?
   The primary form is the Landlord-Tenant Complaint Form (1DC02) for Hawaii District Courts. For mediation, complete the Request for Mediation with your local mediation center.
5. Where can I find the laws that apply to my rental situation?
   The key law is the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521).

Conclusion: What Hawaii Renters Should Remember

• Mediation is usually the first, and often most successful, step to resolve rental disputes.
• Arbitration is possible if mediation fails, but it may depend on your lease agreement.
• Use official forms and reach out early to trusted Hawaii agencies for support.

With clear steps and access to statewide resources, Hawaii renters have strong options to solve rental issues fairly and efficiently.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection Landlord-Tenant Resources: Key information, guidance, and contact numbers
• Hawaii State Judiciary – Landlord/Tenant Self-Help: Forms, procedural help, and court locator
• Mediation Centers of Hawaii: Statewide access to community mediation for tenants
• Hawaii Free Legal Answers: Submit basic legal questions online

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1. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)
2. Hawaii Office of Consumer Protection Landlord-Tenant Resources
3. Landlord-Tenant Complaint Form (1DC02), Hawaii State Judiciary
4. Mediation Centers of Hawaii

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